Absence Of Independent Witnesses Doesn't Warrant Acquittal Of Rape Accused If Survivor's Testimony Reliable: Telangana High Court

“Even accepting that the shop was in a busy place, according to the victim she was assaulted and she lost consciousness for some time. In the said circumstances, when it is not the case of the accused that at the time when the alleged assault or dragging the victim into the shop, there were any neighbours or anyone else present, the argument that independent witnesses were not examined by the Police during the investigation, does not hold water. Court cannot assume that people were present and that they were not examined, unless stated by witnesses.”

Justice K. Surender passed the order in a Criminal Appeal filed by the accused against the conviction order passed by the trial court under sections 376 and 323 of the Indian Penal Code.

The victim, who was a student in class 10 at the time of the incident, stated, that one day when she was on her way back from school, the accused, who is a tailor forced her into his shop, pulled down the shutter and committed rape on her. The victim stated that due to the trauma, she lost consciousness and later in the evening, the accused dropped her back near her residence in an auto. The victim girl later narrated the incident to her family and the next day a complaint was preferred before the Police.

The statement of the girl was recorded, her clothes were sent to the FSL and her body was examined. The examination revealed that the victim's lips were bruised, and spermatozoa was detected near her vagina.

The accused/appellant, however, denied the allegations, stating that the complaint had been registered due to family disputes. He further submitted that his shop was located on a busy street and it would have been impossible for him to drag the girl into his shop without there being witnesses. In furtherance of his claim, he cited a series of judgments.

While rejecting the citations placed on record by the appellant, the Bench, noted:

“The Judgments that are relied on by the learned counsel for the appellant though were passed in the allegations of rape, every case differs on facts. The facts that were dealt with by the Honourable Supreme Court in all the cases cited are totally different from the facts on hand. On the peculiar facts of those cases, the Honourable Supreme Court had dealt with the same and passed orders.”

Thus, the appeal was dismissed and the petitioner was sent back to prison to serve the remaining time of his sentence.

Criminal Appeal No. 914 OF 2011

Shaik Mohammed Khasim @ Khashu vs, State of AP

Counsel for appellant: J.K.Ranjit Kumar

Counsel for respondent: Suresh Goud, Assistant Public Prosecutor

Citation: 2024 LiveLaw (Tel) 112